Judge won't dismiss case against man charged with threat to Raleigh mayor
Posted June 4, 2014
Raleigh, N.C. — The man accused of threatening Raleigh Mayor Nancy McFarlane has been denied a request to have his case dropped, according to court documents filed Tuesday.
Alec Dane Redner was indicted March 17 on a federal charge of communicating a threat against an individual for allegedly sending McFarlane a message through her website. According to police, Redner told her to “watch out” and that she would soon be “on the other end of the barrel” over comments she supposedly made about the U.S. Constitution.
His attorney, John Wiles, filed a motion to dismiss the charge, saying Redner’s message was political statement and not a “true threat” of violence. He said prosecuting Redner would violate his First Amendment right to free speech.
But Judge Terrence W. Boyle said Redner’s message doesn’t meet the legal standard for dismissal, so the case will go to a jury.
“There is nothing in the nature of the communication to reveal that it was made in jest, and the communication was sent directly to its intended recipient via her website,” Boyle wrote in the court order.